Fear, anger among HIV-positive individuals after news of MOH data leak
SINGAPORE — For the past six years, he has lived with his human immunodeficiency virus (HIV) diagnosis and only told a select few friends and family members for fear of being stigmatised.
A nurse takes blood from a man who received a free HIV test at an event to mark World Aids Day. The Ministry of Health revealed on Monday that the confidential information of 14,200 individuals diagnosed with HIV, as well as over 2,000 others, was illegally leaked online by Mikhy K Farrera Brochez.
SINGAPORE — For the past six years, he has lived with his human immunodeficiency virus (HIV) diagnosis and only told a select few friends and family members for fear of being stigmatised.
Now, the 28-year-old faces the possibility of being forcibly outed to the world by an American fraudster.
He was diagnosed in 2012 and while he has not received a call from the Ministry of Health (MOH), he knows of others who have. He also expressed his concerns for those “struggling with their diagnosis”.
“It is one thing to have personal information leaked out... It is another to have something that you should have control over disclosing leaked out beyond your control,” said the 28-year-old who did not wish to be named.
“While I am confident that maybe those close to me would not make a huge fuss about it, I cannot say the same for how other people might take to it.”
On Monday (Jan 28), MOH revealed that the confidential information of 14,200 individuals diagnosed with HIV, as well as over 2,000 others, was illegally leaked online by Mikhy K Farrera Brochez.
Brochez was the boyfriend of Ler Teck Siang, a general practitioner who was formerly the head of the MOH’s National Public Health Unit. Brochez was deported from Singapore in May last year after serving a 28-month jail sentence for numerous fraud and drug-related offences and is now under police investigation for his latest offences.
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On Jan 22, the ministry was notified that an unauthorised person — later identified as Brochez — had disclosed information from the HIV Registry. The records dated as far back as 1985, up till January 2013.
SOME LEFT ‘ON EDGE’
The incident has left many of those diagnosed with HIV whom TODAY spoke to angry and frightened.
One HIV-positive individual whose personal data was leaked told TODAY that he received a call from the MOH on Monday evening. While his company is aware of his health status, he said he was worried about whether his insurance company would have the information and use it against him.
“The tension and nervousness is going to carry on for a long time… Every time for the next few months when I receive my letter from my insurance company, I’ll probably be very nervous or anxious about it,” the 33-year-old said.
Although the ministry said that access to the confidential information has been disabled, he said that he is still “on edge” as he fears for the safety of his family.
He added: “(My) address was leaked as well. I don’t know if anyone can use this information against me, could threaten my family, threaten my mum, call my mum without notifying me or go to my home to threaten them.”
The MOH officer who contacted him gave him a hotline number to call in the event that he receives threatening calls or malicious attacks.
But he is still fearful as he said the information “can circulate in the dark web and there is no way to police” and it is “difficult to trace”.
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A 27-year-old who was diagnosed with HIV in 2016 said that he was still afraid that his information would be disclosed. He called for assurances from the authorities that “they will do their best in keeping my details confidential”.
“I’m worried that my family will know because I didn’t tell them… worried that my employer would know for some reason,” he said.
For marketing manager Ajmal Khan, 29, having an individual’s HIV-positive status revealed forcibly is “cruel” as the repercussions are “very intangible”. While he has come out as HIV-positive, he said others have not for various reasons, such as their jobs or relationships with families or partners being threatened.
Mr Jeremiah Pereira, who has helped out in the community for more than five years with anonymous blood testing and counselling, said his biggest fear was that it would create “a barrier in accessing the right care”.
He pointed to many years of efforts to combat the stigma of HIV and to educate the general public about the virus. “This may roll back all these efforts,” the 26-year-old said.
Since the news broke, he has learnt of two friends personally affected by the leak. Providing them with resources is key, such as by giving them information, or putting them in touch with counsellors, he added.
“These people are vulnerable, not people who have the most self-confidence… When you put this kind of pressure on them, their information being put out in public, it’s very crazy for them,” he said.
“(What’s) most worrying is their mental health, how they’re going to function at their jobs.”
WHAT RIGHTS GROUPS SAY
Professor Roy Chan, president of advocacy group Action for Aids, said in a media statement that the group is “deeply troubled” by the incident.
He urged the public to refrain from speculation and gossip, and not to share the information if they see it. He also encouraged those affected by the breach to reach out to their medical social workers or counsellors, or their respective hospital’s care unit.
“We stand with all whose private information may have been accessed and violated,” said Prof Chan. “This is a criminal act that should be condemned and answered in the most severe terms possible.”
Mr Leow Yangfa, executive director of Oogachaga, a non-governmental organisation that provides counselling and educational services to the LGBT community, said: “Those of us who live without HIV cannot begin to imagine the shock, distress, pain and betrayal (that persons living with HIV) must be going through right now”.
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Affected individuals can access Oogachaga’s confidential and anonymous hotline, WhatsApp and email counselling services, Mr Leow added.
Sex workers’ rights group Project X said it was “shocked and deeply concerned” and urged the Government to enact anti-discrimination legislation to protect HIV-positive individuals from being fired from their jobs.
It also urged the Government “to set up more anonymous test sites and to repeal all legislation that are discriminatory towards persons living with HIV”.
Ms June Chua, founder of The T Project — a shelter that houses homeless transgender persons — said they were concerned the incident would have a significant impact on Singapore’s transgender community.
“The transgender community is one of the key affected populations for HIV transmission,” she added. “With already limited support for trans (persons living with HIV), this leak will further erode the trans community's confidence and willingness to seek help for their sexual health.”
POTENTIAL LEGAL ACTION?
When asked at a press conference on Monday if the ministry is liable for lawsuits over this incident, permanent secretary of health Chan Heng Kee said that affected individuals would have different concerns and reactions, “ranging from legal to emotional to family relations”.
“For all these concerns, we do encourage the affected individuals to call us and talk to us to express their concerns,” he said.
“The police are investigating the circumstances and the background. A lot will depend on what the police investigations reveal, then the legal questions will follow.”
Criminal lawyer Eugene Thuraisingam said that under Section 5 of the Government Proceedings Act, “the Government is liable for the actions of a public officer”.
Affected individuals could possibly sue the Government for negligence as it “may be vicariously liable for (Ler’s) negligence”, he added.
While a plaintiff typically has to show financial losses, they can get damages for mental distress in certain exceptions, which Mr Thuraisingam said there is a “very high chance” of in this case.
“(Ler) allowed his partner to access the info... When an employee works for an employer, if the employee is negligent, it may be possible to fix liability on the employer,” he added.
“Such scenarios in the private sector have happened before — a common example is when a club bouncer causes injury to a patron of the club, the owner may be responsible.”
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